Child Care & Support

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VA Disability Compensation and Divorce: Facts and Fallacies - for advocates

Frequently asked questions for advocates regarding VA disability compensation and how the courts address it in divorce, family support, garnishment and military pension division.
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Child Support and Veterans Benefits - FAQs

Questions about what can or can't be done to collect child support from your Veteran's Benefits? This article covers some of the most Frequently Asked Questions on this topic.

VA Disability Compensation and Divorce: Facts and Fallacies

Frequently asked questions about VA disability compensation and how the court handles it in divorce, family support, garnishment and military pension divisions.

The Advance Child Tax Credit - what you need to know

This article answers Frequently Asked Questions (FAQs) about the new Advanced Child Tax Credit Payment
Photo credit: Jordan Whitt. Photo of mom holding toddler on her lap

Uniformed Services Former Spouses Protection Act

FAQs about the Uniformed Services Former Spouses Protection Act and how it can help enforce a Court Order regarding military retirement pay, child support or alimony owed by a service member.
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Citizenship for Children Born to Servicemembers Overseas

This article explains citizenship for children born to servicemembers overseas. It includes children whose parents are U.S. citizens and those who are not. It also details how some children can gain U.S. citizenship.
A bearded white man standing in a field, holding a young child on his shoulders

Family Care Plan

This article answers Frequently Asked Questions regarding Family Care Plans.

Apportionment process for child support

Question:

My daughters ex is 100% disability for PTSD (he did not see combat). He is fighting her court order for child support. In the meantime he is getting extra money each month that is for the boys but keeps it. He has never paid a cent for their support. Can the military send that part directly to her and if so who does she contact?

 

Jim's Reply:

Yes, if she has a legit court order for child support or alimony and there is evidence he has fallen behind, she may ask the VA to apportion his benefits. Apportionment is a process similar to garnishment and she must accurately complete a form and return that to VA per the instructions you'll find through that link.
 

While that's in process she should be in constant touch with her state child support enforcement agency and the district attorney in the region where the children live. Often enough the DA will have access to resources to help persuade deadbeat parents to pay up. Deadbeat parents can have their drivers and other licenses taken from them but you have to be persistent to convince the state to help. Good luck.

 

Child Support?

Question:

Can you withhold arrears from VA Disability?

 

Jim's Reply:

I'm going to go ahead and assume you're talking about child support. No, you can't withhold arrears from VA disability.
 

However, if the veteran obligor who has a disability rating falls behind in the obligation to timely pay child support and/or alimony, the obligee may file an apportionment request with VA and if VA agrees, they will withhold a portion of the disability money and send it directly to the obligee.
 

The apportionment request form is here and must be completed as the instructions say. Once VA receives the form they'll notify the veteran of the request and the vet will complete a financial statement. VA will usually make a decision within a few weeks. Good luck.

 

 

Photo credit: Benjamin Manley. A woman sits on a bench, back to the camera, with her arms around two small children

Child Custody and Military Service

Information and guidance about navigating family life while in the military.